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I want to leave my agency

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    I want to leave my agency

    My current contract will likely extend throughout this year, however, the relationship with my agency has broken down and I wish to leave them.

    Does anyone know how long the maximum amount of time they can legally stop me from working for my team through another agency.

    My current contract attempts to restrict this for 12 months, however, I'm not sure if this time period is actually legally enforceable.

    Thanks

    #2
    I've seen others post in here saying a 12 month contract is likely to be unnenforcable, but I don't know the details. I believe It's a grey area if you've 'opted out'.

    What's happened with the agency though? If they've breached contract then that could be a way out. You'd need to get the client on board and get an offer through a different agency, or direct. They might not be willing though as that might mean they're in breach of the agencies contract.

    Probs my the only risk free way would be for all 3 parties to agree mutually agree to terminate contracts, get that in writing (specifically voiding the handcuff clause) then a new one can be drawn up.

    Im not a lawyer though, theres probably far more knowledgeable posters here that can better answer than me.

    Comment


      #3
      Originally posted by FrontEnder View Post
      I've seen others post in here saying a 12 month contract is likely to be unnenforcable, but I don't know the details. I believe It's a grey area if you've 'opted out'.

      What's happened with the agency though? If they've breached contract then that could be a way out. You'd need to get the client on board and get an offer through a different agency, or direct. They might not be willing though as that might mean they're in breach of the agencies contract.

      Probs my the only risk free way would be for all 3 parties to agree mutually agree to terminate contracts, get that in writing (specifically voiding the handcuff clause) then a new one can be drawn up.

      Im not a lawyer though, theres probably far more knowledgeable posters here that can better answer than me.
      Thanks for your reply. It's a long story and I'd rather not go into details here. I'm seeking legal advice and thought I could try to find out how long I'd have to be away from the team before I could return under someone else.

      Comment


        #4
        Originally posted by Gsm View Post
        My current contract will likely extend throughout this year, however, the relationship with my agency has broken down and I wish to leave them.

        Does anyone know how long the maximum amount of time they can legally stop me from working for my team through another agency.

        My current contract attempts to restrict this for 12 months, however, I'm not sure if this time period is actually legally enforceable.
        What do you mean when you say your relationship has broken down?
        Are they not paying you? That's the only concern you should have.
        Remember that they are your customer and as long as they pay on time I cannot see why you should have an issue.
        My current agency are a bunch of useless tulipheads... but so what... I'm not paid to like them and I give them a load of crap as well.
        See You Next Tuesday

        Comment


          #5
          The answer is it depends on your skills, the client and the wording of the clause. Only a solicitor would be able to tell you how likely the clause would be enforceable.
          "You’re just a bad memory who doesn’t know when to go away" JR

          Comment


            #6
            Have you asked the client? Sometimes they can put pressure on an agency. Though unless you are not getting paid they will look at you as small minded.

            And they might decide you are too much trouble and terminate you.

            Comment


              #7
              Hi, thanks for your responses. The main issue is the agency have changed my terms and conditions and are attempting to impose greater control over their workers and are using high pressure strategies to force people to sign.

              I'm fortunate that I have the full support from the client and I believe they are having their own issues with the agency which strengthens my case. I'm working with the client to find a solution and I just wanted to ask this question.

              I need to find a solicitor to review and advise on the full extent of the changes to my terms.

              Can anyone recommend any legal advisors in Scotland?

              Comment


                #8
                Greater control over their workers? That doesn't sound right at all. Fancy giving us an overview on what these changes are?
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  The agency can't change the terms of the existing contract without your agreement. However, they may be able to terminate the existing one and offer new terms.

                  As per Northernladuk, without additional information, I can't see how we can help.

                  Comment


                    #10
                    You aren't with a public sector client are you?
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment

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